This issue of the Legislative Update is a comprehensive
review of all legislation passed by the General Assembly during the 2007
session. It is a report intended to provide a brief synopsis of newly
enacted legislation and is generally categorized for ease of review.
Please refer to the actual text of the legislation for detailed provisions.

Requests for Legislation

When requesting legislation, please refer to the Act number. Please
direct requests for legislation to Katie Staden, South Carolina Bar,
P.O. Box 608, Columbia SC 29202. (803) 799-6653. Fax: (803) 799-4118.
Bar members can also request legislation by e-mailing kstaden@scbar.org.
There will be a charge for any requests exceeding 30 pages ($.10 per
page).

Online legislation and regulations are available at www.scstatehouse.net.
The South Carolina Code of Laws is available at this site as well.

Administrative
& Regulatory

Administrative Procedures Act. Act
No. 104 (R157, H3249) amends multiple sections to revise the legislative
review of regulations. The Act requires that an agency submitting a
regulation file the regulation with Legislative Council along with
a detailed summary of proposed changes. It further requires regulations
be submitted in the same underline and strikethrough format as a bill,
and that the Legislative Council shall notify all members of the General
Assembly when regulations are submitted for review. Effective
July 1, 2008, and applies to regulations for which a notice of a public
hearing has been published in the State Register, in accordance with
Section 1-23-110(A)(3) of the 1976 Code, after June 30, 2008; all other
regulations under General Assembly review on this act's effective date
must be processed and reviewed in accordance with the law in effect
on June 30, 2008.

Alcohol Permits. Act
No. 107 (R161, H3457) amends § 61-4-590 to provide that the
Department of Revenue may not suspend a licensee’s permit authorizing
the sale of beer or wine until the division has conducted and completed
an investigation and has made an official determination; amends § 61-4-10,
relating to the definition of beers, ales, porters, and wines that
are considered nonalcoholic beverages, so as to increase the size of
containers, and amends § 61-4-737 to allow twenty-four wine tastings
by a retailer in a quarter rather than in a year. Effective June
18, 2007.

Base Load Review Act. Act
No. 16 (R28, S431), a comprehensive bill, amends multiple sections
of the 1976 Code to enact the Base Load Review Act. The Act provides
for the establishment of a procedure allowing an investor-owned electric
utility to recover from ratepayers partial costs associated with constructing
a new generating facility prior to the completion of the project, requires
applications for the recovery of capital costs be reviewed by the Public
Service Commission, and after a satisfactory review, the Commission
is authorized to issue an order establishing that, if a plant is constructed
in an approved manner, the capital costs for the construction of the
plant are considered prudent utility costs and can be recovered through
revised rates. Effective May 3, 2007.

Beer and Wine. Act
No. 14 (R34, H3218) amends § 61-4-10 to increase the percent
alcohol by weight in beers, ales, porters, and similar malt beverages
for specific sized containers that are considered nonalcoholic beverages;
also amends § 61-4-1115 to provide that when a producer or primary
American source of supply who is registered to sell beer to wholesalers
in this State transfers a brand of beer to another, the assignment
of territory of that brand to a wholesaler is binding on those who
have acquired the brand. The successor and the existing wholesaler
shall enter in good faith into a new distribution agreement consistent
with state law. Effective May 2, 2007.

Cable Television Services. Act
No. 8 (R20, H3396) clarifies the Competitive Cable Services Act
by amending § 58-12-5, Article 3, Chapter 12 of Title 58, and § 58-9-220
in order to define and make applicable to video services. Effective
March 30, 2007.

Charitable Organizations. Act
No. 69 (R112, S268) amends § 33-56-30 and § 33-56-50
to allow charitable organizations to file their annual registration
on the same date that financial reports must be filed. Charitable organizations
that do not intend to solicit or receive excess of $7,500 during a
calendar year, whether or not the fundraising activities are conducted
by professional solicitors, professional fundraising counsel, or commercial
co-ventures, are exempt from registration. Effective June 13, 2007.

Fraternity and Sorority License Plates. Act
No. 90 (R126, H3232) amends the 1976 Code to provide for how the
fees are collected for fraternity and sorority license plates and how
those fees are spent. Effective June 14, 2007.

Joint Municipal Electric Power and Engineering Act. Act
No. 32 (R54, S312) amends § 6-23-20, § 6-23-30, and § 6-23-40
of the 1976 Code to make grammatical changes and correct archaic language;
deletes the requirement that the acquisition of a project be by purchase
from an electric supplier generally serving in the area in which the
members are located; and amends § 6-23-60 to add a provision requiring
the Commission to take into consideration whether the acquisition would
have an effect on the authority of the Joint Agency to satisfy existing
financial and contractual obligations that it may have incurred in
the acquisition of any previously acquired projects. Effective
May 22, 2007.

Water Nuisance Abatement Act. Act
No. 33 (R56, H3466) amends Title 49 of the 1976 Code by adding
Chapter 30 to enact the Water Nuisance Abatement Act. The intent is
to protect the waters of the state by authorizing the removal of nuisance
structures from public waters in accordance with specified procedures
and timetables. Effective May 24, 2007.

Wireless Technology and Communications Commission. Act
No. 169 (R136, H3569), a joint resolution, creates the South Carolina
Technology and Communications Study Committee for the purpose of evaluating
the State’s broadband communications infrastructure and assessing
the availability of and need for broadband services. Effective
June 14, 2007.

Appropriation Bill 2007-2008. Act
No. 117 (R175, H3620) makes appropriations and provides revenues
to meet the ordinary expenses of state government for the fiscal year
beginning July 1, 2007, regulates the expenditure of such funds, and
further provides for the operation of state government during the fiscal
year and for other purposes. Effective July 1, 2007.

Appropriation Bill. Act
No. 120 (R122, S784), a joint resolution, provides that if a general
appropriations act for fiscal year 2007-2008 has not taken effect by
July 1, 2007, appropriations and provisos contained in Act 397 of 2006
are authorized for fiscal year 2007-2008 until a general appropriations
act for fiscal year 2007-2008 takes effect. Effective July 1, 2007.

Age of Consent. Act
No. 118 (R60, S389), a joint resolution, proposes to amend the
South Carolina Constitution by eliminating the provision that no unmarried
woman shall legally consent to sexual intercourse who is not fourteen
years of age. The proposed amendment will be placed on the ballot and
submitted to voters at the next general election. Effective May
29, 2007.

Eminent Domain. Act
No. 15 (R26, S155) ratifies an amendment to Section 13, Article
I of the Constitution to provide that private property must not be
condemned by eminent domain for any purpose, unless it is for public
use. In the instance of use of eminent domain for the purpose of remedying
blight, the General Assembly may provide for the use of condemned property
for private use under certain conditions. The legislation further revises
the manner in which blighted property may be condemned to protect the
health and safety of the community. Effective April 26, 2007.

General Assembly Sessions. Act
No. 13 (R27, S156) ratifies an amendment to Section 9, Article
III of the Constitution to provide that after the General Assembly
convenes on the second Tuesday in January, both bodies may recede for
a period no longer than thirty calendar days by a two-thirds vote of
the receding body and that each body may provide for meetings during
the legislative session at their discretion and authorize an organizational
session following the election of Senators; in addition, ratifies an
amendment to Article III, which deletes Section 21 to provide that
neither house shall, without the consent of the other, adjourn more
than three days, nor shall either body meet in any other place. Effective
April 26, 2007.

Marriage. Act
No. 7 (R10, H3063) amends Article XVII of the South Carolina Constitution
by adding Section 15 to provide that marriage between one man and one
woman is the only lawful domestic union valid or recognized in this
state and the State may not create or recognize any other domestic
union. Effective March 22, 2007.

Property Taxes. Act
No. 12 (R25, S153) ratifies an amendment to Section 29, Article
III of the Constitution to provide that taxes on real property must
be assessed according to methods provided by the General Assembly in
Article X of the State Constitution; in addition, ratifies an amendment
to Section 6 of Article X to provide that the General Assembly shall
establish a method of valuation for assessment of real property within
the state. Effective April 26, 2007.

S.C. Retirement System. Act
No. 1 (R2, S152) ratifies voter approved amendments to Section
16, Article X of the Constitution of South Carolina, so as to remove
restrictions on various state-operated retirement systems that limit
investments to American-based corporations registered on an American
National Exchange; also ratifies an amendment to eliminate the State
Retirement Investment Panel. Effective February 13, 2007.

Building Codes. Act
No. 54 (R92, S504) amends § 6-9-40 of the 1976 Code, to provide
that the procedure for modifying an existing code is the same as adopting
a code and to provide procedure for an emergency building code modification. Effective
June 6, 2007.

Transportation of Aluminum. Act
No. 97 (R141, H3817) amends § 16-17-680 of the 1976 Code to
revise provisions relating to the unlawful transportation of copper
wire or copper pipe to include aluminum and products containing a mixture
of copper and aluminum. An exception is provided for aluminum cans. Effective
June 14, 2007.

Credit Unions. Act
No. 51 (R87, S235), a comprehensive bill, amends multiple sections
relating to credit unions. Highlights include revisions to definitions,
provisions requiring the definition of membership rights, and revisions
relating to the board of a credit union. The legislation provides that
the powers granted by state law do not exceed those for a federally-insured
financial institution. It further revises limitations on the size of
a loan secured by real estate so that loan terms for residential real
estate dwellings are expanded from thirty to forty years. Effective
June 7, 2007.

Drawing and summoning jurors.Act
No. 224 (R211, S578) amends § 14-7-140 to provide that the
computer software used for the drawing and summoning of jurors must
be designed to ensure a random selection, that the physical presence
of the jury commissioners is not required, that the drawing and summoning
must take place publicly in the office of the clerk of court and that
the Supreme Court would order appropriate procedures required to implement
the provisions of this section; amends § 14-7-230 to provide that
the clerk may use a computer or a responsible person to draw jurors;
and amends § 14-7-1060 to provide the procedure for drawing a
jury if a computer is not used pursuant to the provisions of § 14-7-140. Effective
February 3, 2006.

Alcohol Education Program Act. Act
No. 35 (R72, H3490) amends Chapter 22, Title 17 of the 1976 Code
to create the Alcohol Education Program Act. Each Circuit Solicitor
has the authority to establish a program for persons who commit certain
alcohol-related offenses and provide the procedures and requirements
for the operation of a program. Violators of specific offenses
that are between the ages of seventeen and twenty-one are eligible
for this program if there are no prior alcohol-related offenses or
significant history of prior delinquency or criminal activity. A person
may only participate in the program once. At the successful completion
of the program, the Circuit Solicitor shall effect a noncriminal disposition
and there must be no record maintained of the alcohol-related offense
except by the Commission on Prosecution Coordination in order to ensure
that a person does not benefit from an alcohol education program more
than once. Effective June 6, 2007. All circuit solicitors shall
have an alcohol education program in effect by July, 1, 2008, and no
person has the right to apply until a program is established.

Arson. Act
No. 101 (R153, S370) amends § 16-3-20 of the 1976 Code to
add arson in the first degree to the list of crimes included in the
statutory aggravating circumstances for purposes of the death penalty. Effective
June 18, 2007.

ATM Safety Act. Act
No. 72 (R125, H3199) amends § 16-11-380 to provide that entering
a bank, depository, building and loan association, or ATM with the
intent to steal is a crime. Violators are guilty of a felony and must
not be fined more than $10,000 or imprisoned longer than twenty years. Additionally
panhandling in the vicinity a bank or ATM is illegal. Violators are
guilty of a misdemeanor and must not be fined more than $500 or imprisoned
longer than thirty days. The Act also amends § 17-25-45 to add
the ATM offense to the list of serious offenses. Effective June
13, 2007

Board of Juvenile Parole. Act
No. 5 (R7, S294) amends § 20-7-8303 to clarify that release
for the offense of assault and battery of a high and aggravated nature
must be determined by the Board of Juvenile Parole; in addition, amends § 20-7-8305
to provide that statutory procedures apply to the board and that the
Department shall establish policies and procedures governing its review
and release procedures. Effective March 28, 2007 and applies to
juveniles committed to the Department of Juvenile Justice after March
31, 2007.

Criminal Gang Prevention Act. Act
No. 82 (R109, S141), a comprehensive bill, addresses gang related
issues and ways to eradicate intimidation of the public created by
criminal gangs through enhanced penalties. Highlights include giving
the State Grand Jury jurisdiction over criminal gang activity, outlining
criminal penalties, with second and subsequent offenses carrying more
severe penalties, creating a civil cause of action in favor of the
State, and creating a Gang Prevention Study Committee that shall remain
informed of criminal gang activity within South Carolina. Effective
June 12, 2007.

Indigent Defense Act. Act
No. 108 (R154, S446) amends the 1976 Code to create a Circuit Public
Defender Selection Panel in each of the sixteen judicial circuits and
provide a formula to establish its membership. The legislation outlines
the requirements and duties of the Circuit Public Defender, including
the hiring of staff. Additionally, the legislation rewrites the statute
that provides for the membership of the Commission on Indigent Defense.
The Commission now consists of thirteen members, nine of which are
appointed by the Governor. Effective June 21, 2007.

Prevention of Underage Drinking and Access to Alcohol Act. Act
No. 103 (R156, S213), a comprehensive bill, addresses underage
drinking and access to alcohol and provides for the following: requires
the registration of kegs, requires criminal charges be brought against
both purchaser and seller in illegal transactions, requires the completion
of alcohol prevention education programs under certain circumstances,
and increases penalties for various violations, including the length
of time for license suspensions. Effective July 1, 2007, except
the provisions of Article 19, Chapter 4, Title 61 shall become effective
ninety days after the approval of the governor (June 15, 2007).

Prison Industries. Act
No. 68 (R110, S182) amends by adding § 24-1-285 and § 24-1-290
to provide that the Department of Corrections must work with the Department
of Commerce to attract private sector businesses for the employment
of inmates. The use of inmate labor may not result in the displacement
of employed workers. It further provides that the Director of the Department
of Corrections shall deduct certain amounts from the gross earnings
of the inmates engaged in prison industry service work. Effective
August 1, 2007.

Driver’s Licenses. Act
No. 46 (R73, H3525) amends by adding § 56-1-171 to provide
that a person whose license has been suspended due to failure to comply
with an order for child support may apply for a special route-restricted
driver’s license from the Department of Motor Vehicles. This
allows for travel between home and work and institutions of higher
learning. Effective June 4, 2007.

Uniform Child Custody Jurisdiction Act. Act
No. 60 (R104, S13) amends by adding Article 27 to Chapter 7, Title
20 so as to adopt the Uniform Child Custody Jurisdiction and Enforcement
Act which revises procedures for establishing and enforcing child custody
and visitation when one party resides in the state of South Carolina
and the other does not; also repeals Subarticle 2, Article 9, Chapter
7 of Title 20 relating to the Uniform Child Custody Jurisdiction Act. Effective
June 8, 2007.

Uniform Interstate Enforcement of Domestic Violence Protection
Orders Act. Act
No. 61 (R105, S15) amends by adding Article 3 to Chapter 4, Title
20 to enact the Uniform Interstate Enforcement of Domestic Violence
Protection Orders Act, which authorizes the enforcement of protection
orders issued in another state including terms that provide relief
that the courts of this state would lack power to provide; provides
immunity for law enforcement officers acting in good faith; provides
an optional registration process whereby the protected individual can
file a foreign order of protection with the Family Court; and makes
it unlawful to knowingly file or attempt to file a false or fraudulent
foreign protection order and provides penalties. The Act repeals § 20-4-140
which relates to foreign protection orders. Effective June 8, 2007

Uniform Interstate Family Support Act. Act
No. 80 (R106, S17) amends Subarticle 5, Article 9, Chapter 7, Title
20, of the 1976 Code to update legislation to assist with interstate
enforcement of family support. This includes civil and criminal enforcement
procedures and preserving the rights and duties under the former Uniform
Interstate Family Support Act. Effective June 8, 2007.

Athletic Facilities Revenue Bonds. Act
No. 17 (R29, S451) amends both § 59-119-940 and Section 9
of Act 518 of 1980, relating respectively to Clemson University and
the University of South Carolina, to raise the athletic facilities’ revenue
bonds outstanding debt limit from sixty million to two hundred million
dollars. Effective May 8, 2007.

Independent Institution of Higher Learning. Act
No. 42 (R62, S484) amends § 59-113-50, 1976 Code to modify
the definition of an independent institution of higher learning for
purposes of providing tuition grants to include bachelor’s level
institutions chartered before 1962 whose major campus and headquarters
are located within South Carolina. Effective June 4, 2007.

National Guard College Assistance Program Act. Act
No. 40 (R59, S322) amends Chapter 114, Title 59, 1976 Code to revise
provisions of the South Carolina National Guard Tuition Assistance
Act and enact the South Carolina National Guard College Assistance
Program Act. Qualifying members may receive college assistance program
grants that can equal one hundred percent of college tuition and fees,
but may not exceed eighteen thousand dollars. A member may not qualify
for college assistance program grants for more than one hundred thirty
semester hours or graduate degree course work. The legislation discontinues
the loan repayment program for members of the National Guard serving
in areas of critical need and repeals Article 6, Chapter 111, Title
59 relating to one-half tuition for members of the South Carolina National
Guard. Effective June 4, 2007 and applies to the 2007-2008 school
year

Nonpublic Post Secondary Institution License Act. Act
No. 20 (R40, S321) amends § 59-58-20, § 59-58-30, and § 59-58-80
to revise and provide for the use of the Student Recovery Fund and
the South Carolina Nonpublic Post-Secondary Institution License Act.
Proceeds of a surety bond and monies in the Student Recovery Fund may
be used for students who suffer financial losses of tuition and fees
that were prepaid to a nonpublic post secondary institution due to
the closing of the institution. Effective May 15, 2007.

Schools’ Academic Performance. Act
No. 105 (R158, H3254) amends the 1976 Code by adding § 59-18-1600
to provide that if a school has received an unsatisfactory absolute
academic performance rating, it shall offer an orientation class for
parents to focus on school issues. Effective June 20, 2007.

Teacher Recruitment and Retention Improvement Act. Act
No. 75 (R132, H3476) amends by adding Article 4 to Chapter 25,
Title 9 to provide that a school district may hire those who are certified
by the American Board for the Certification of Teacher Excellence pursuant
to certain conditions. Effective June 13, 2007

Teaching History and Literature of Old Testament and New Testament. Act
No. 102 (R155, S726) amends the 1976 Code to provide that the Board
of Trustees of a school district may offer an elective course teaching
the history and literature of the New Testament Era. Effective
June 18, 2007

Transportation of Students. Act
No. 79 (R95, H3161), a comprehensive bill, revises provisions for
school busses. Highlights include provisions for limitations on the
length of time a student may ride the bus continuously, assignment
of parental responsibility at bus stops, the distance at which the
State is responsible for providing transportation, and the requirement
of the implementation of a school bus replacement cycle which replaces
one fifteenth of the fleet each year. Effective June 7, 2007.

Virtual School Program. Act
No. 26 (R48, H3097) adds Chapter 16 to Title 59 to create a comprehensive
program for the establishment of the South Carolina Virtual School
Program and adds § 59-40-65 to provide that certain information
must be included in a charter school application if the charter school
offers a program online or computer instruction. Additionally, it provides
that charter school students may enroll in the Virtual School Program
pursuant to program requirements and provides for other duties and
requirements of the charter school governing body. Effective May
15, 2007.

Winthrop University. Act
No. 50 (R66, S666) amends § 59-125-20 and § 59-125-30
to provide for two additional at-large members of the Board of Trustees
and for the manner of their election and terms of office. Effective
June 6, 2007.

Election Commission. Act
No. 100 (R152, S237) amends § 7-5-10, § 7-5-35, and § 7-13-70
of the 1976 Code to require that certification be issued when a member
or designated staff person has completed a training program and requires
the Governor remove a member of these Boards or Commissions appointed
on or after the Act’s effective date who has not fulfilled the
training requirement within eighteen months. Effective June 18,
2007.

Presidential or Advisory Primaries. Act
No. 81 (R108, S99), a comprehensive bill, amends § 7-11-20
and § 7-13-15 of the 1976 Code, to provide that among other things,
if a the state committee of a certified political party which received
at least five percent of the popular vote in South Carolina decides
to hold a presidential preference primary, the State Election Commission
must conduct the preference primary according to party rules and the
provisions of the Help America Vote Act. It further addresses the issues
of conducting elections in a cost-effective manner, advisory primaries,
and filing fees. Effective June 19, 2007.

Employment Security Commission. Act
No. 128 (R128, H3239), a joint resolution, authorizes the South
Carolina Employment Security Commission to spend up to five hundred
thousand dollars of the funds available to the State under Section
903 of the Social Security Act to erect an Employment Security Commission
one-stop facility in Spartanburg County. June 20, 2007

Employment Security Law. Act
No. 67 (R88, S334) amends by adding § 41-35-126 to make an
individual eligible for waiting week credit for unemployment compensation
if the Employment Security Commission finds that the individual has
left work voluntarily to relocate because of a spouse who has been
reassigned due to a military assignment; and further amends § 41-35-130
to provide that leaving an employer due to the transfer of a military
spouse does not disqualify one from receiving employment security benefits. Effective
June 7, 2007.

Engineers and Land Surveyors. Act
No. 58 (R99, H3722) amends Chapter 22, Title 40 of the 1976 Code
to establish a state policy to encourage the development and promote
the accountability of professional engineers. The Act revises educational
requirements and deletes obscure provisions. Effective June 6,
2007.

SC Retirement System. Act
No. 112 (R169, H3826), a comprehensive bill, revises provisions
under which personnel in a hospital under the State Retirement System
have the option of joining the retirement system and provides that
physicians may opt out of the State Retirement System. Effective
June 27, 2007.

Surgical Technology. Act
No. 95 (R138, H3721), a comprehensive bill, amends the 1976 Code
to define the practice of surgical technology and the qualifications
to be a surgical technologist. Effective January 1, 2008.

DHEC. Act
No. 106 (R160, H3373) amends the 1976 Code to provide that
after the Department of Health and Environmental Control (DHEC)
has conducted soil suitability testing and has issued a permit
for the installation of an individual waste treatment and disposal
system, DHEC is only required to conduct random final inspections
on ten percent of these installed systems. DHEC is further
required to promulgate regulations for the licensure of persons
who contract or advertise to offer to provider services for
the installation, repair, modification, or final inspection
and approval of on-site wastewater treatment disposal systems. Effective
January 1, 2008.

DHEC. Act
No. 124 (R13, H3335), a joint resolution, provides that
for Fiscal Year 2006-2007 all interest accruing on funds collected
and held by the Department of Health and Environmental Control,
pursuant to § 44-56-160, must be credited to the Hazardous
Waste Contingency Fund and authorized for certain hazardous
waste expenditures by the department. Effective March 27,
2007 and applies retroactively to all interest accrued or accruing
on funds collected pursuant to Section 44-56-160 beginning
July 1, 2006.

Energy Efficiency Act. Act
No. 88 (R123, H3034) amends the 1976 Code to enact the
Energy Independence and Sustainable Construction Act of 2007
which establishes “green building” efficiency and
environmental standards for major new state construction and
renovation projects. Effective June 20, 2007 and applies
to all major facility projects that receive approval of the
State Budget and Control Board - Permanent Improvement Project
Request A-1 form on or after the effective date.

Environmental Justice. Act
No. 171 (R145, H3933), a joint resolution, creates an advisory
committee to the South Carolina Department of Health and Environmental
Control to consider existing practices at state agencies related
to environmental justice issues. Effective June 15, 2007.

Hydrogen Infrastructure Development Act. Act
No. 83 (R111, S243), a comprehensive bill, establishes
the South Carolina Hydrogen Infrastructure Development Fund
from which grants are distributed to the South Carolina Research
Authority and used for promoting hydrogen related information
and projects. Effective June 19, 2007.

Natural Gas Exploration. Act
No. 170 (R143, H3828), a joint resolution, creates a study
committee to examine the possibility of natural gas exploration
in the Atlantic Ocean off the coast of South Carolina. The
committee is to report to the General Assembly prior to February
1, 2008. Effective June 15, 2007.

Phytosanitary Certificates. Act
No. 25 (R46, S613) amends by adding § 46-33-85 to
provide that a photosanitary certificate or permit may be issued
by an inspector for intrastate and interstate shipments of
conifer and hardwood seedlings to verify that they are free
of pests and diseases. In addition, it provides that to ensure
pest and disease-free plant material, the preferred method
of treatment is fumigation using methyl bromide in seedling
plant beds prior to seeding. Effective May 14, 2007.

Arkansas Blue Catfish. Act
No. 2 (R4, S132) amends by adding § 50-13-390 to provide
that no more than one Arkansas Blue Catfish over thirty-six
inches may be taken from the waters of Lake Marion and Moultrie
by any one person, in either a recreational or commercial manner,
in a single day. Effective March 27, 2007.

Elk. Act
No. 21 (R42, S448) amends by adding § 50-11-360 to
provide that it is unlawful to take or attempt to take an elk.
A person convicted is guilty of a misdemeanor and must not
be fined more than twenty-five hundred dollars or imprisoned
longer than thirty days, or both. Effective May 16, 2007.

Fish. Act
No. 87 (R119, S686) amends the 1976 by adding § 50-13-12
to provide that it is unlawful to snag a fish with one or more
hooks for the purpose of impaling a fish. Effective June
14, 2007.

Shad. Act
No. 125 (R24, H3748), a joint resolution, extends for the
year 2007 the season for commercial fishing for Shad for the
Santee River below Wilson Dam. This includes the rediversion
canal below St. Stephen Dam, North Santee River and Bay, South
Santee River, and all tributaries and distributaries to them
and ends April 15, 2007. Effective April 13, 2007.

Wildlife Management Areas. Act
No. 84 (R113, S283) amends § 50-11-2200 of the 1976
Code to authorize the Department of Natural Resources to set
forth regulations for hunting and taking wildlife on all wildlife
management areas, prohibits alcohol on land designated for
hunting and provides penalties for those who disregard the
regulations; and amends § 50-11-2220 to provide that a
person convicted twice within a three-year period of abusing,
damaging, or destroying wildlife management area land or improvements
shall lose the privilege of entering onto wildlife management
areas for one year. Effective June 14, 2007.

Youth Hunter. Act
No. 23 (R44, S597) amends § 50-9-740 to provide that
a person who is less than eighteen years of age may be a youth
hunter. Effective May 14, 2007.

African-American Heritage Commission. Act
No. 47 (R75, H3795), a joint resolution, directs the South
Carolina Commission of Archives and History to establish the
South Carolina African-American Heritage Commission to participate
in the Department’s efforts to preserve properties reflecting
the State’s African-American heritage and authorizes
the Department to provide staff and funding for the Commission. Effective
June 1, 2007.

Code of Laws. Act
No. 119 (R15, H3399), a joint resolution, adopts the revised
Code Volumes 9 and 10 and new Volume 9A of the 1976 Code, as
the only General Permanent Statutory Law of the state as of
January 1, 2007. Effective March 27, 2007.

Conflicts of Interest. Act
No. 10 (R12, H3226) amends § 8-13-740 to establish
two additional circumstances under the Ethics Act’s prohibitions
against removing a public official. A public official shall
not be required to resign or vacate his seat due to a conflict
of interest as long as all parties are notified and he complies
with the recusal requirements. Nor shall a governmental body
remove or disallow a person from serving in office based on
race, color, national origin, religion, sex, disability, or
occupation. In addition, the legislation deletes the prohibition
on an individual or business with whom a public official is
associated from representing a person before a local government
entity for which the public official is a member. Effective
April 12, 2007.

CSS Pee Dee. Act
No. 98 (R149, H4136) provides that the remains of the CSS
Pee Dee, a Confederate naval vessel that sank in Great Pee
Dee River, as well as other artifacts found in the Great Pee
Dee River, are the property of the State of South Carolina
and that it is unlawful to collect any artifacts from this
area. The Act is automatically repealed after five years. Effective
June 15, 2007

General Francis Marion Memorial Day. Act
No. 18 (R30, S498) amends by adding § 53-3-35 to designate
the twenty-seventh day of February of each year General Francis
Marion Memorial Day. Effective May 2, 2007.

Joint Authority Water and Sewer Systems Act. Act
No. 59 (R74, H3711) amends Chapter 25, Title 6 of the 1976
Code to provide for the appointment of members of a joint authority
water and sewer system commission that may consist of no fewer
than five and no more than eleven members. It further authorizes
a joint system to enter into a contract to sell water or provide
sewer service. Effective June 6, 2007.

Local Housing Trust Fund Enabling Act. Act
No. 19 (R36, H3509) amends by adding Chapter 22 to Title
31 to enact the William C. Mescher Local Housing Trust Fund
Enabling Act to define certain terms and allow a local government
to create and operate a Local Housing Trust Fund (LHTF) or
a Regional Housing Trust Fund (RHTF). A local government may
finance an LHTF or RHTF with money made available to the local
government through its budgeting authority, unless expressly
prohibited by law. It does not create, grant, or confer a new
or additional tax or revenue authority to a local government
or political subdivision of the State unless otherwise provided
by law. An LHTF or RHTF established, utilized, or funded by
this legislation must provide an annual report to the local
government that created the fund and the report must be made
available to the public by posting on the appropriate government
website. Effective May 15, 2007.

Monuments. Act
No. 77 (R137, H3699) amends by adding § 2-1-240 to
place a moratorium on the placement of new statues on the State
House grounds. The Senate and House of Representatives are
exempt from this moratorium and a majority vote of the membership
of the State House Committee can lift the moratorium. If lifted,
the State House Committee may approve the placement of a new
monument pursuant to the new placement procedure. Effective
June 13, 2007.

Aviation Authority Membership. Act
No. 130 (R69, H3409) provides that Charleston County Aviation
Authority’s membership shall be increased by two members.
These members shall be the Chairman and Vice Chairman of the
Charleston County Legislative Delegation or their designees. Effective
June 6, 2007.

Beaufort County-- Voting Precincts. Act
No. 4 (R6, S208) amends § 7-7-110 to revise and rename
certain voting precincts of Beaufort County and to designate
a map number for the map on which the lines of these precincts
are delineated. In addition, a provision is added to authorize
the Beaufort County Board of Elections and Registration, with
the approval of a majority of the Beaufort County Legislative
Delegation, to determine the polling places for the precincts
in Beaufort County. Effective March 27, 2007 and applies
to elections conducted after July 15, 2007.

Calhoun County— Board of Voter Registration
and Election Commission. Act
No. 129 (R83, H3976) abolishes the Calhoun County Board
of Voter Registration and the Calhoun County Election Commission
and creates the Calhoun County Board of Election and Registration. Effective
June 1, 2007.

Charleston County— School Districts. Act
No. 131 (R166, H4150) amends Act 340 of 1967 to revise
the manner in which principals of schools in the district shall
be appointed and the manner in which teachers and other personnel
shall be employed and assigned, and to delete certain provisions
relating to the employment and transfer of teachers and other
employees. Effective June 25, 2007.

Charleston County— Voting Precincts. Act
No. 43 (R68, H3290) amends § 7-7-140 of the Code of
Laws of South Carolina, 1976, to designate a map number for
the map on which the lines of these precincts are delineated
and maintained by the Office of Research and Statistics of
the State Budget and Control Board. Effective June 1, 2007.

Cherokee County— Board of Trustees of District
1. Act
No. 132 (R168, H4228) revises the dates for elections
for the Board of Trustees of Cherokee County School District
1, the filing period, and the manner in which the results
of the elections are determined. Effective June 25, 2007.

Chester County— School Board of Trustees. Act
No. 133 (R21, S305) amends Act 525 of 1982 to provide that
members of the Chester County School Board of Trustees must
be elected in a nonpartisan election held at the same time
as the general election and provides for the filing requirements
and supervision of the elections. Effective April 18, 2007.

Chesterfield County— School Districts. Act
No. 134 (R81, H3953) amends Act 205 of 1993 to revise the
date for elections for trustees and the filing period for declarations
of candidacy and amends Act 1010 of 1968 to revise the manner
in which the membership of certain advisory councils is determined. Effective
June 5, 2007.

Colleton County— School Board Trustees. Act
No. 135 (R63, S603) amends Act 117 of 1961 to provide that
members of the board shall receive an annual salary and per-meeting
expense allowance in an amount determined by the Board not
to exceed a specific amount. Effective June 19, 2007.

Darlington County— Transportation Committee. Act
No. 136 (R165, S816) provides that each member of the Darlington
County Transportation Committee be paid from Darlington County “C” Fund
Revenues at the rate of seventy-five dollars for each meeting
at which he is in attendance. The Committee shall receive the
payment upon issuance of approved vouchers by the Committee’s
Chairman, except that the Chairman may not approve vouchers
in any single fiscal year in which vouchers authorize payment
for more than fifteen meetings per fiscal year. The Chairman
of the Darlington County Legislative Delegation shall be an
ex officio non-voting member of the Darlington County Transportation
Committee. Effective June 20, 2007.

Darlington County—Voting Precincts. Act
No. 63 (R144, H3911) amends § 7-7-210 of the 1976
Code to revise certain voting precincts in Darlington County
and designate a map number for the map on which the lines of
these precincts are delineated and maintained by the Office
of Research and Statistics of the State Budget and Control
Board. Effective June 8, 2007

Dillon County— Sales and Use
Tax Referendum. Act
No. 137 (R148, H4111) provides for multiple ways in which
the Board of Education may acquire funds to construct, renovate,
or repair Dillon County schools. The Act further provides
for the manner in which sales and use taxes may be levied
and collected. Effective June 15, 2007.

Fairfield County. Act
No. 138 (R23, H3724) devolves all the powers, duties, responsibilities,
assets, and liabilities of the Historical Commission for Fairfield
County and the Fairfield County Recreation District upon the
governing body of Fairfield County. It also provides a procedure
for the devolution of powers, duties, responsibilities, assets,
and liabilities and repeals Act 1079 of 1958 and Act 1059 of
1970 relating to the Historical Commission for Fairfield County
and the Fairfield County Recreation District respectively. Effective
April 18, 2007.

Florence County—Board of Trustees. Act
No. 139 (R37, H3558) provides that the terms of office
of elected members of the Board of Trustees of Florence County
School District Four are increased from three to four years
for all trustees elected on or after 2007. Effective May
1, 2007.

Golf Carts. Act
No. 154 (R456, H5217 of 2006) provides that a golf cart
may be operated along certain highways in Richland County within
a one-half mile of a sporting event during certain hours, and
provides that during night time hours, the golf cart must be
operated with working head and tail lights. Effective June
6, 2007.

Greenwood School— Districts 50 Board of Trustees. Act
No. 140 (R96, H3319) amends Act 595 of 1994 to change the
filing period for the Board of Trustees in Greenwood School
District 50 from September to August. Effective June 6,
2007.

Greenwood County-- Voting Precincts. Act
No. 22 (R43, S576) amends § 7-7-290 to revise and
add certain voting precincts of Greenwood County and designate
a map number for the map on which these precincts are delineated
and maintained by the Office of Research and Statistics of
the State Budget and Control Board. Effective May 14, 2007.

Hampton County—Board of Election and Voter
Registration. Act
No. 142 (R162, H4164) establishes the Board of Elections
and Voter Registration for Hampton County provides for the
number and manner of appointment or members. It further abolishes
the Hampton County Board of Voter Registration and the Hampton
County Election Commission. Effective June 21, 2007.

Hampton County—Board of Trustees. Act
No. 141 (R76, H3818) amends Act 286 of 1989 to provide
that the trustees of Hampton County School District may receive
an annual salary up to three thousand dollars. Effective
June 6, 2007.

Highway Directional Signs for Hard Rock Park. Act
No. 144 (R82, H3960), a joint resolution, directs the Department
of Transportation to change all highway directional signs under
its jurisdiction in Horry County from “Waccamaw Pottery” to “Hard
Rock Park.” Effective June 6, 2007.

Horry County— Higher Education Commission. Act
No. 145 (R84, H4029) amends Act 114 or 1959 to revise the
manner in which the members of the Commission are appointed,
provide for where the Commission will meet, and revise or delete
obsolete language. Effective June 1, 2007.

Horry County— Transportation Committee. Act
No. 143 (R58, S174) amends Act 452 if 2000 to provide that
each member of the Horry County Transportation Committee must
be paid one hundred dollars for each meeting he attends and
that the Chairman must be paid an additional one hundred dollars
for each meeting he attends. Effective June 7, 2007.

Horry County—Voting Precincts. Act
No. 64 (R146, H4072) amends § 7-7-320 to revise and
rename certain voting precincts in Horry County and designate
a map number for the map on which the lines are delineated
and maintained by the Office of Research and Statistics of
the State Budget and Control Board. Effective June 8, 2007

Jasper County—Port Authority. Act
No. 56 (R35, H3505), a joint resolution, addresses the
Jasper Port Authority. The resolution directs the State Ports
Authority to continue and bring to its earliest conclusion
the condemnation action it has begun in relation to the one
thousand eight hundred acres in Jasper County needed for new
terminal facilities. In addition, the resolution establishes
a timeline for the construction and completion of the Jasper
County Port facilities. Effective May 1, 2007.

Kershaw County— Board of Trustees. Act
No. 146 (R103, H4081) amends Act 930 of 1970 to allow the
school board to adjust its salary and expenses by resolution,
to be effective on the commencement date of the terms of two
or more members elected at the next general election following
the adoption of the resolution. Effective June 6, 2007.

Kershaw County—Voting Precincts. Act
No. 109 (R167, H4200) amends § 7-7-340 of the 1976
Code to revise and name certain voting precincts in Kershaw
County and to designate a map number on which lines of these
precincts are delineated and maintained by the Office of Research
and Statistics of the State Budget and Control Board. Effective
June 25, 2007.

Laurens County— School Districts 55 and 56. Act
No. 147 (R18, H3613) amends Act 779 of 1988 to provide
that persons desiring to become candidates for election to
the boards shall file a statement of candidacy instead of a
petition, revises the date that the statement of candidacy
must be filed, and provides that if a candidate is unopposed,
he is deemed elected under specified conditions and procedures. Effective
March 29, 2007.

Laurens County— School Districts 55 and 56. Act
No. 148 (R80, H3923) amends Act 779 of 1988 to provide
that elections for School Boards of Trustees for the districts
must be held at the time of the general election instead of
the second Tuesday in March, in appropriate years, beginning
in 2010 and 2012. Effective June 1, 2007.

Laurens County— Mowing. Act
No. 38 (R53, S277) amends by adding § 57-23-830 to
provide that the Department of Transportation may mow beyond
the thirty feet from the pavement roadside vegetation adjacent
to the portion of Interstate 385 in Laurens County between
mile marker 11 and its confluence with Interstate Highway 26,
and adjacent to Interstate Highway 26 from its confluence with
Interstate Highway 385 to the Newberry County line. Effective
May 30, 2007.

Lexington County—Voting Precincts. Act
No. 37 (R102, H3991) amends § 7-7-380 of the 1976
Code to revise certain voting precincts of Lexington County
and designate a map number for the map on which they are delineated
and maintained by the Office of Research and Statistics of
the State Budget and Control Board. Effective June 6, 2007.

Marlboro County— School District Members. Act
No. 149 (R16, H3446) amends Act 256 of 1981 to provide
that the members are elected from election districts corresponding
to the eight single-member election districts from which members
of the governing body of Marlboro County are elected. Effective
March 28, 2007.

Oconee County— Superintendent of Education. Act
No. 150 (R31, S579) provides that the elected position
of Superintendent of Education of Oconee County is abolished
as of July 1, 2009. All powers and duties of the superintendent
are devolved upon the Board of Trustees of the school district
of Oconee County and provide that if a vacancy occurs in that
office before July 1, 2009, the office is abolished as of the
date of the vacancy. Additionally, it repeals sections 1, 4,
and 8 of Act 613 of 1992. Effective May 1, 2007.

Pickens County— School Board of Trustees.Act
No. 152 (R1, S261) requires that any budgetary measure
by the Pickens County School Board of Trustees that exceeds
one-half of one percent of the total operating budget, or any
measure that results in the district incurring debt, must receive
readings on three separate days among other provisions. Effective
February 5, 2007.

Pickens County— School Board of Trustees. Act
No. 153 (R139, H3782) amends Act 260 of 1981 to revise
the membership of the Board to six four-year seats, each being
elected from a single-member district and provide that the
Chairman is elected by the Board, as well as calling for special
elections to fill a prematurely vacated seat. Effective
June 13, 2007.

Richland County-- Voting Precincts. Act
No. 24 (R45, S609) amends § 7-7-465 to revise and
add certain voting precincts of Richland County and designate
a map number for the map on which lines of these precincts
are delineated and maintained by the Office of Research and
Statistics of the State Budget and Control Board; in addition,
provides that polling places must be selected by the Richland
County Election Commission upon approval of the majority of
the legislative delegations. Effective May 14, 2007.

Sumter County— School Districts 2 and 17. Act
No. 155 (R116, S534) amends Act 620 of 1992 and Act 741
of 1990 to further reapportion the districts and to designate
a map number for the two maps on which these new lines of the
election districts for trustees are delineated and maintained
by the by the Office of Research and Statistics of the State
Budget and Control Board. Effective June 8, 2007.

Sumter County—Voting Precincts. Act
No. 62 (R121, S770) amends § 7-7-501 of the 1976 Code
to rename and revise certain voting precincts of Sumter County
and designate a map number for the map on which lines of these
precincts are delineated and maintained by the Office of Research
and Statistics of the State Budget and Control Board. Effective
June 8, 2007

Town of Summerton. Act
No. 48 (R78, H3890) amends by adding § 57-23-825 to
provide that the town of Summerton may mow beyond thirty feet
from the pavement roadside vegetation ditch adjacent to the
interchanges of Interstate Highway 95 and S14-102 (exit 108)
in Clarendon County. Effective June 1, 2007.

Union County— High Schools. Act
No. 156 (R17, H3492) repeals Section 12 of Act 79 of 1955
and Section 1 of Act 301 of 1971. Both were previously codified
as part of Section § 21-4172 of the 1962 Code and related
to the operation of the School District of Union County and
the determination of the recommendations of its Board of Trustees
and the prohibition of closing a high school in Union County
without the unanimous vote of its trustees. Effective March
29, 2007.

York County--Voting Precincts. Act
No. 6 (R8, S330) amends § 7-7-530 to revise and rename
certain voting precincts of York County and to designate a
map number for the map on which the lines of these precincts
are delineated. Effective March 27, 2007.

Mobile Dental Facilities. Act
No. 39 (R57, S95) amends § 40-15-172 of the 1976 Code
to provide that a registrant must keep records at the central
office or at the portable dental operation and provides that
if there is a fee for service, the patient must be provided
with a description of the fee. Effective June 1, 2007.

Organ and Tissue Donor Program. Act
No. 41 (R61, S481) amends Chapter 1, Title 24, of the 1976
Code by adding § 24-1-285 to establish an organ and tissue
donor program within the Department of Corrections. The purpose
of the program is to educate prisoners about the need for organ
and tissue donation. All organ and tissue donations, including
bone marrow donations, must be made on a voluntary basis. Effective
June 4, 2007.

Organ and Tissue Donor Registry. Act
No. 92 (R129, H3317), amends Article 13, Chapter 43, Title
44 of the 1976 Code to establish that the organ and tissue
donor registry be administered by Donate Life South Carolina. Effective
June 14, 2007.

Prescriptions. Act
No. 71 (R118, S610) amends § 44-53-360 of the 1976
Code to allow a pharmacist to issue certain prescriptions pursuant
to a facsimile of a written and signed prescription sent by
a practitioner to the pharmacy. Prescriptions for controlled
substances in Schedules III through V must not exceed a 90-day
supply. The legislation further adds Article 3 to Chapter 117,
Title 44 to authorize and establish procedures for electronic
prescription processing. Effective June 13, 2007

Shaking Infants Video. Act
No. 55 (R93, S518) amends by adding § 44-37-50 to
require that the Department of Health and Environmental Control
(DHEC) make available a video on the dangers associated with
shaking infants and children to parents of newborns, in addition
to creating multiple provisions in regard to the availability
and requirements in showing the video. Effective January
1, 2008.

Statewide Comprehensive Service Delivery System. Act
No. 168 (R94, S3135), a joint resolution, establishes a
study committee to develop a statewide comprehensive service
delivery system for persons with epilepsy and provides for
the membership, duties, and responsibilities of the study committee.
The committee is to report to the General Assembly before July
1, 2008. Effective June 6, 2007.

Firearms. Act
No. 28 (R50, H3310) amends § 16-23-20 to allow a person
to carry a handgun on or about his person in a vehicle if he
has a valid concealed weapon permit. Effective May 14,
2007.

Jessica Horton Campus Crime Act. Act
No. 53 (R91, S459) amends by adding Chapter 154 to Title
59 to provide that campus police officers shall notify and
work with the State Law Enforcement Division on the investigation
of a death or act of criminal sexual conduct resulting from
an incident occurring on a campus of higher learning. Effective
June 6, 2007.

Law Enforcement Officers. Act
No. 3 (R5, S146) amends § 23-1-210 to provide that
any municipal or county law enforcement officer may be transferred
or assigned on a temporary basis to work within multi-jurisdictional
task forces established for the mutual benefit of the participating
jurisdictions; also amends § 23-1-215 to provide that
in the event of a crime or crimes occurring in multiple jurisdictions,
law enforcement officers are authorized to exercise jurisdiction
within other counties or municipalities for the purpose of
criminal investigations. Effective March 28, 2007.

Reserve Officers. Act
No. 44 (R70, H3428) amends Chapter 28 of Title 23 of the
1976 Code to provide for law enforcement agencies of the state
to appoint reserve officers in the same manner as municipal
and county law enforcement agencies. Effective June 4,
2007.

Volunteer Strategic Assistance and Fire Equipment Act
of 2007. Act
No. 89 (R124, H3045) enacts the Volunteer Strategic Assistance
and Fire Equipment Pilot Program (V-SAFE) which offers grants
to eligible volunteer and combination fire departments and
establishes the purpose and process for use of the money. Effective
June 20, 2007.

Coroner Office. Act
No 52 (R90, S391) amends multiple codes to, among other
things, revise the manner in which a vacancy in the office
of the Coroner is filled; authorize coroners to appoint investigators
as well as deputies; and require coroners or medical examiners
to immediately request and autopsy if a child’s death
is unattended. Effective June 6, 2007.

Fire Sprinkler Contractors. Act
No. 93 (R133, H3481) amends the 1976 Code to provide that
the provisions regulating fire sprinkler contractors do not
apply to persons who are employed by public institutions to
repair, alter, maintain, or inspect systems. Effective
June 20, 2007

Funeral Director or Embalmer. Act
No. 74 (R131, H3362) amends by adding § 44-63-72 to
require an embalmer and funeral director provide his name or
signature on any death certificate filed with the Bureau of
Vital Statistics; amends § 40-19-20 to provide that a
licensed funeral director or embalmer may not charge a fee
for the assignment of an insurance policy that is not a preneed
funeral contract and is intended to pay a burial expense if
the assignment is to pay a burial expense; and amends § 40-19-110
to provide consequences for those who charge a fee for the
assignment of an insurance policy that is not a preneed funeral
contract. Effective July 13, 2007

Agriculture Real Property. Act
No. 76 (R135, H3568) amends by adding § 12-43-233
to provide additional “Agritourism” uses, including
but not limited to hayrides, wineries, and farm tours, for
real property do not affect the eligibility of the property
for agricultural use classification for purposes of property
tax. “Agritourism” uses must be incidental and
supplemental to the tract’s primary agricultural use. Effective
June 13, 2007.

Cemeteries. Act
No. 113 (R170, S65) amends the 1976 Code to provide a right
of ingress and egress to a cemetery, burial ground, or grave
located on private property for family members, close friends,
descendents of the deceased, cemetery plot owners, persons
participating in lawful burial, or person engaging in genealogical
research. Effective June 27, 2007.

Eminent Domain Study Committee. Act
No. 166 (R19, S529), a joint resolution, extends until
April 17, 2007, the time in which the Eminent Domain Study
Committee has to present its report and recommendations to
the Chairman of the Senate Judiciary Committee, the Chairman
of the House Judiciary Committee, and the Governor. Effective
March 30, 2007.

Eminent Domain Study Committee. Act
No. 167 (R65, S661), a joint resolution, extends the date
that the Eminent Domain Study Committee shall submit its report
from April 17, 2007 to May 31, 2007, at which point the committee
shall be dissolved. Effective June 1, 2007.

Abandoned Manufactured Home Removal Act. Act
No. 45 (R71, H3456) amends multiple sections to enact the
Abandoned Manufactured Home Removal Act, in order to provide
a procedure for the demolition and disposal of manufactured
homes. The legislation revises provisions relating to uncollectible
real and personal property taxes, so as to allow the county
auditor to waive and remove from the tax duplicate current
and delinquent property taxes, assessments, costs, and fees
from a manufactured home demolished and disposed of under this
legislation. Effective June 4, 2007 except that the
provision of § 6-29-1145 apply to applications
for permits filed on and after July 1, 2007.

Excise Tax. Act
No. 36 (R98, H3659) amends § 12-33-245 of the 1976
Code to require revenue from the excise tax on alcoholic liquors
for on-premises consumption be distributed in four equal payments
to state agencies and entities based on payments remitted in
fiscal year 2004-2005 and require amounts in excess of the
tax collection for the fiscal year 2004-2005 remittance to
be distributed to county treasurers within thirty days. Effective
June 7, 2007.

Income Tax Credit. Act
No. 94 (R134, H3526) amends the 1976 Code by adding § 12-6-3477
to provide a state income tax credit for hiring an apprentice.
Credit is not allowed for more than four years or if the apprentice
is employed less than seven full months per taxable year. Effective
June 14, 2007 and applies to employees beginning apprenticeships
after 2007.

Job Tax Credit. Act
No. 9 (R9, S408) amends § 12-6-3360 to provide that
a county’s designation may not be lowered more than one
tier in the following year as a result of the annual ranking
and designation of counties by the Department of Revenue; in
addition, amends § 12-6-40 to provide for the applicability
of 2006 Internal Revenue Code. Effective April 11, 2007.
For the 2006 tax year only, a taxpayer has until March 31,
2007, to lock into the county classification.

Job Tax Credit. Act
No. 116 (R177, H3749), a comprehensive bill, provides provisions
relating to the development of a renewable energy. Highlights
include, but are not limited to, the establishment of the South
Carolina Renewable Energy Infrastructure Development Fund,
establishment of the South Carolina renewable Energy Revolving
Loan Program to provide low interest loans to individuals or
organizations that plan to build a renewable energy production
facility, and establishment of the South Carolina Renewable
Energy Grant Program to provide grants to entities for the
purpose of assisting them in obtaining federal and other available
grants that may generate renewable energy-related research
and projects. Effective June 28, 2007 and is applicable
for tax years beginning after 2007, except for Section 5, relating
to Section 12-6-3415(A),
which is applicable for tax years beginning after 2006, and
Section 6, relating to Section 12-20-105,
which is applicable for tax years beginning after 2003.

Motor Homes. Act
No. 66 (R86, S139) amends § 12-37-224 to allow that
certain watercraft and recreational trailers be taxed as real
rather than personal property. This applies to watercraft or
trailers that are pulled by a motor vehicle if they meet the
federal Internal Revenue Code criteria qualifying it as a primary
or secondary residence. Effective June 7, 2007 and is applicable
for travel trailer or boat or watercraft property tax years
beginning after 2006.

Research and Development Tax Credit Reform Act. Act
No. 110 (R107, S91), a comprehensive bill, provides an
individual income tax credit equal to 5% of the taxpayer’s
qualified research expenditures made in South Carolina. Effective
June 21, 2007.

Sales Tax. Act
No. 115 (R172, S656) approves a provision exempting groceries
from the sales tax as of November 1, 2007. The exemption applies
to state sales and use tax collected on unprepared food items
eligible for purchase with United States Department of Agriculture
food coupons. The legislation provides for a transfer of funds
during fiscal year 2006-2007 to the Education Improvement Act
Fund in an amount sufficient to offset the estimated loss of
revenue resulting from the new sales tax exemption. Effective
June 29, 2007.

Sales and Use Tax. Act
No. 123 (R3, S273), a joint resolution, extends the deadline
for the certification date for a sales and use tax referendum
held during the 2006 General Election from no later than November
30, 2006 to December 10, 2006. Effective February 19, 2007.

Sales and Use Tax Exemptions. Act
No. 34 (R67, H3289) amends § 12-36-2120 to exempt
from sales tax the gross proceeds of sales or sales price of
gold, silver, and platinum bullion, legal tender coins, and
currency and require the retailer to maintain proper documentation
as required by the South Carolina Department of Revenue for
each exempt sale. Effective July 1, 2007.

Watercraft and Outboard Motor Property Tax. Act
No. 91 (R127, H3233) amends § 50-23-295 to mandate
that personal property taxes on a watercraft and outboard motor
be current before the title may be transferred. Effective
June 14, 2007.

Captive Insurance Companies. Act
No. 86 (R117, S589) amends multiple sections to provide
that an industrial insured captive insurance company may not
take credit if not in compliance with provisions of law and
provides that other captive insurance companies may not take
credit for reserves pursuant to those provisions unless approval
is granted from the Director of Insurance. Effective June
14, 2007.

Insurance Agents. Act
No. 27 (R49, H3256) amends § 38-57-160 to increase
from five to twenty five dollars the value of an article which
can be given by insurance agents to insureds or others. Effective
May 16, 2007.

Omnibus Coastal Property Insurance Reform Act of 2007. Act
No. 78 (R142, H3820) amends by enacting the Omnibus Coastal
Property Insurance Reform Act of 2007, a comprehensive bill, which
addresses the scarcity of affordable property insurance for homes
along the coast of South Carolina. Reform is provided in the following
areas: catastrophe savings accounts, tax credits for insurance
premiums, tax credits for making homes more storm resistant, insurance
premium discounts, required disclosure of available discounts,
insurance policies and rates, filing fees for hurricane loss projection
models, premium tax credits for issuers, emergency powers
of the Director of the Department of Insurance, revisions to the
South Carolina Wind and Hail Underwriting Association, South Carolina
Hurricane Loss Mitigation Grant Program, a rating system for coastal
home wind resistance, and the South Carolina Coastal Captive Insurance
Company Act. Effective June 11, 2007 and applicable to all
tax years beginning after December 31, 2006.

Transportation Department. Act
No. 114 (R171, S355), a comprehensive bill, reforms the
South Carolina Department of Transportation (DOT) in order
to enhance accountability. The Act establishes that the Secretary
of Transportation, who replaces what is currently the Director,
be appointed by the Governor, with the advice and consent of
the Senate. Various revisions are made in relation to the make
up and qualifications of the DOT Commission. The Commission
is required to develop a Statewide Transportation Improvement
Program that provides for the development and implementation
of the multimodal transportation system for the State. The
Department must conduct public hearings in each county required
by federal regulation to share information with local communities.
In addition, the legislation provides that the DOT Commission
must appoint a chief internal auditor. Effective June 27,
2007.

Workers’ Compensation Reform. Act
No. 111 (R163, S332), a comprehensive bill, revises the
State’s workers’ compensation system. The legislation
contains multiple provisions aimed at addressing workers’ compensation
fraud and enhances the crime classification and penalties for
intentionally making false statements. New criteria is required
for the establishment of repetitive trauma, expert testimony
is now required in medically complex cases, and total disability
is no longer automatically presumed in cases involving the
loss of use of 50% or more of the back. The legislation
requires that a report be issued to the General Assembly by
the first of January each year to evaluate the workers’ compensation
market in South Carolina. Effective July 1, 2007 and applies
only to injuries after this day

New administrative laws and procedures are addressed in the
form of regulations promulgated by state agencies and offices.
Following is a list filed in the office of Legislative Council
and processed in accordance with the provisions of Article I,
Chapter 23, Title 1, Code of Laws of South Carolina, 1976.

The texts of all regulations listed below have been published
in the volume and issue of the South Carolina State Register
noted opposite each entry and are available for public inspection
in the promulgating agency, the Legislative Council in the State
House and the Department of Archives and History. Copies of the
South Carolina State Register are also on file in the Office
of the Clerk of Court in each county. To subscribe to the South
Carolina Register, contact Lynn P. Bartlett, Editor, Office of
the Legislative Council, P.O. Box 11489, Columbia SC 29211. (803)
212-4500.

Explanation of abbreviations opposite regulations below“SR31-5” refers to South Carolina State
Register Volume 31, Issue 5. Specific page numbers can be determined
from the Table of Contents in each issue.